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Thursday, November 20, 2008

Drew Peterson’s Felony Gun Charge Evaporates…

Joliet, IL—For the Will County State’s Attorney it was a failure to hand over simple discovery material to the defense. As a result today Judge Richard Schoenstedt dismissed the case against retired Bolingbrook police sergeant Drew Peterson.

Refusal to turn over discovery material for either side of a criminal case brings sanctions. For the defense, a failure to disclose would bar witnesses and evidence from being presented. For the prosecution, the extreme sanction of dismissal is rare and only applied in the most egregious of circumstances.

It’s obvious at least to me that the discovery material prosecutors had to turn over is a major embarrassment. The involvement of unreliable and untrustworthy Police informants Len Wawczak and his wife Paula Stark in the mix along with neighbor Sharon Bychowski has created a strange sort of circus. Never ending antics and truckloads of phony information and red herrings by this group got way out-of-control. The taxpayer funds handed over to that bunch would be published everywhere.

In the Peterson saga there is no magic, nor was there ever a weapons violation or murder case. There was only a try anything and everything effort to get Drew Peterson.

Prosecutors blamed their failure to even win an indictment against Peterson on the failure of the law to allow hearsay evidence to be used against Peterson. The likelihood of getting that kind of un-American law through the Illinois legislative process was deemed impossible. Now they have the new law subject to a Constitutional test and it’s not really going to change one basic and persistent problem, no evidence of a crime.

The only thing left for the Illinois State Police and the Will County State’s Attorney is to wait for credible evidence to surface. Until then the harassment of Drew Peterson and his children should end.Dismissal Court Order[1]

I keep hearing the goofy armchair detectives and busybodies whining about Peterson’s wife who died in the bathtub. That case was investigated and reinvestigated and there is no evidence that Peterson killed her.

The new autopsy evidence that was reclassified to murder is a wild stretch to say the least. There is a paper thin case that points to murder. There is no case at all that Peterson killed her.

The truth is Peterson may well have killed one or both women. Peterson knows how to avoid discovery. That ability in no way is evidence or even an inference that he killed anyone. We can guess until the cows come home but it’s a guess.

If people want to change the rules for our criminal cases North Korea is a perfect place to emigrate. They do things your way. Our presumption of innocence and other rights are far more important than the TV news suspect of the week.

I don't post groundless busybody remarks here. Bring me real evidence and I will post that. I will be the first to post anything at all that proves Peterson guilty of any of this wild speculation.

I am not going to publish or republish so-called evidence that does not meet the minimal threshold to establish probable cause. That is not fair to anyone.

The presumption of innocence is for those charged with crimes that have not been brought to trial.

Peterson is not under arrest, indictment or anything. I won’t reduce my blog to a vehicle of gossip especially because he has no criminal history and has served 30 honorable years as a cop.

Again, if and when there is some evidence that meets the threshold of Probable Cause, I will talk about that.

In the meantime Peterson is innocent and needs to be left alone. That’s not to say the ISP should end or even suspend their investigations. Justice should take its course the way our founding fathers designed it.

With around 60% of all murders going unsolved some people do get away with horrible crimes. Lynch mobs are every bit as evil as any killers.

Hating Peterson because Geraldo Rivera or others want to spread misinformation you choose to believe is your privilege. I enjoy being in the minority of those people commenting on this case.

The reason I’m right and you’re wrong is because Peterson is not charged with anything. By the way I have worked as a defense investigator for many women and children involved in the justifiable killing of their parents and spouses.

America is a great country because of our Bill of Rights. We need them.